( 1 ) BY means of this petition filed under Art. 226 of the Constitution of India, the petitioner Vikram Pratap Singh has challenged the order of his detention dated 11-2-1985 passed under S. 3 (2) of the National Security Act (hereinafter referred to as the Act) by the district Magistrate, Varanasi (hereinafter referred to as the detaining authority ).

( 2 ) THE order of detention was served on the petitioner the same day. It was based only on one ground which related to an incident which had taken place on 10-10-1984 at 2. 30 A. M. outside the Tato Gate of the Railway Station, Varanasi Cantt. in which the petitioner is alleged to have pushed Sri O. P. Gupta, Divisional Engineer Mechanical, North-Eastern Railway, Varanasi when he was about to board a jeep after getting down from his saloon for his residence. The petitioner did not only push Sri Gupta but also fired at him with his revolver causing him fatal injury. The FIR of this incident was lodged at P. S. G. R. P. Cantt. by Sri S. K. Mukerjee, on the basis of which Crime case No. 322 of 1984 under S. 302 I. P. C. was registered. The petitioner was, however, not named in this F. I. R. A test identification